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Design Service Sherwood Lane DEPARTMENT OF PUBLIC WOR~S Shawn O'Leary, RE, Director of Public Works Bradley Johnson, RE, City Engineer Michael Fraser, General Services Director Martha Tasker, Utilities Director City of !:i Salina 300 West Ash . PO. Box 736 Salina, Kansas 67402-0736 MEMO TO: Jason Gage, City Manager .......-7/ Brad Johnson, City Engineer~ January 26, 2006 MEMO FROM: DATE: cc: Shawn O'Leary Wayne Nelson RE: TELEPHONE. (785) 309-5725 FAX . (785) 309-5713 TDD . (785) 309-5747 E-MAIL. shawn.olearv@salina.org bradley. iohnson@salina.org mike.fraser@salina.org martha. tasker@salina.org WEBSITE . www.salina-ks.gov VroJrot ~Cf5-15'5t.f Sherwood Lane Drainage Crossing Design Contract (Earles Engineering) You may recall the recent approval by the City Commission of the Golden Eagle Estates Addition Resolution of Advisability/Authorization for the public funded portion of the project. One of the elements of the project was the City of Salina was to pay 100% of the cost of the design and construction of the Sherwood Lane Drainage Crossing. The project has now received approval from the City Commission to move forward and we are now waiting for the private portion of the project to proceed to 50% complete before we bid the public portion of the project. City staff worked through the details of the design contract with Earles Engineering for the design of the crossing. Staff felt it was appropriate to have the same design engineer for the Sherwood Crossing as the rest of the development. Since the City Commission approved the project to move forward, staff would like to receive your approval of the contract so we can pay Earles Engineering for the design expenses associated with the design of the Sherwood Drainage Crossing. The Engineering Feasibility Report that was approved by the City Commission included costs for this design. The design contract is not to exceed $2,370.00. Please find attached a copy of the contract for your signature. If you have any questions, please feel free to contact me. ," '- F!o\'c) C>;ilUO! ...~ Our Mission is to Build and Maintain a Clean, Safe Community Earles Engineering & Inspection, Inc. CIVIL & STRUCTURAL ENGINEERS. CONSTRUCTION INSPECTORS 115 W. Iron. Salina, Kansas 67401. Salina, Kansas 67401. (785) 309-1060. FAX: (785) 309-1061 411 N. Kansas. Liberal, Kansas 67901 . (620) 626-8912. FAX: (620) 626-5408 May 11,2005 City of Salina P.O. Box 736 Salina, KS 67402-0736 Attn: Brad Johnson, P.E. City Engineer RE: Agreement for Engineering Design Services Sherwood Lane Crossing - Golden Eagle Estates and Huntington Road Dear Mr. Johnson: This letter is written to serve as a working agreement between the City of Salina, hereinafter referred to as the "CLIENT", and Earles Engineering & Inspection, Inc. hereinafter referred to as the "CONSULTANT". SCOPE OF WORK Specific aspects of the design process will include: 1. Preliminary Design A. Determine project details and design standards. B. Complete preliminary plans and specifications. I. Street 2. Utility & Drainage Layout 3. Preliminary estimate of construction costs C. Submit preliminary design documents for administrative review and approval. II. Final Design A. Prepare final plans and specifications for City approval as part of Golden Eagle Phase I plans. B. Finalize construction cost estimates. The scope of work will include all services necessary for design of the project as outlined above. TIMING AND SCHEDULING Earles Engineering & Inspection, Inc. can initiate work on the project within one week of the official notice- to-proceed. The proposal presented herein is oriented toward a fifteen (I 5) day completion time exclusive of any review time necessary. FEE PROPOSAL Based on the scope of professional services described above, the design cost will be charged on an hourly rate plus expenses with an upper limit of $2,370.00. Hourly rates will be based on $1O0.00/hr. for survey time, $79.00/hr. for professional time and $45.00/hr. for technical support. . Survey $500.00 Preliminary $1,194.00 Final $676.00 . . The Client will be billed on a monthly basis, based on the percent of work completed at that time. Agreement for Engineering Design Page 1 MEETINGS During the course of the project, the "Consultant" will remain in contact with the "Client" as necessary to complete the design services. PRINTING As part of the service contract, 3 sets of the preliminary and 3 sets of the final drawings and associated documents will be provided for review purposes. Additional sets of documents will be supplied as necessary, at City's expense, to facilitate the bidding and construction process. Final materials to be delivered to the "CLIENT" at the conclusion of the project will include any maps, drawings, or other items assembled during the course of the project. OTHER CONSIDERA TIONS This agreement may be extended through fee negotiation to include any additional services performed by the following reasons at any time in the future: A. When directed by people ITom your organization to perform services either by verbal or by written instructions, which mayor may not relate to the originally performed services, and for which no other specific contractual arrangements between our two organizations exist. B. When subpoenaed by a litigant to make depositions or testifY in any matter in which we have performed services for you. These services include preparation and research, travel, court appearances, and waiting at or in court at the request of any party to the proceedings or intended proceedings. The right is reserved by the "CLIENT" to terminate this Agreement at any time, upon written notice, in the event that the project is abandoned or indefinitely postponed, or because the services of the firm are unsatisfactory or the firm fails to prosecute work with due diligence; provided, however, that in any such case the firm shall be paid the reasonable value of the services rendered up to the time of termination as mutually agreed. The firm reserves the right to terminate this agreement by written notice for any specific assignment whenever we believe that we cannot effectively serve you, when we have a conflict of interest, or when we cannot, for other ethical reasons, act on your behalf. In recognition of the relative risks and benefits of the project to both the "CLIENT" and the "CONSUL T ANT", the "CLIENT" agrees, to the fullest extent permitted by law, to limit the liability of the CONSULTANT to the CLIENT for any claims, losses, costs, damages of any nature whatsoever or claims expenses ITom any cause or causes, so that the total aggregate liability of the "CONSULTANT" shall not exceed the "CONSULTANT'S" total fee for services rendered on this project. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. If the terms herein are satisfactory to you, would you please so indicate with the appropriate signature in the space provided at the end of this letter. Please retain one copy for your files and return the other to us. c;:;::;;; Z2 Inc. Peter W. Earles, P.E. ' C.E.O. Agreement for Engineering Design Page 2 APPROVED BY: ~9 /!:Y- Title: l' i~ h1ð.A.¿4~-r By: Date: 1-2../f.....D (fJ Agreement for Engineering Design Page 3 A£flRJL CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YY) 09/19/05 PRDDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Agency Co. (KS) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6700 Antioch, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Merriam, KS 66214 913671-7877 INSURERS AFFORDING COVERAGE INSURED INSURER A: St. Paul Fire & Marine Ins. Co. Earles Engineering & Inspection, Inc. INSURER B: 411 N, Kansas f--- INSURER C: Liberal, KS 67901 --- ¡INSURER D: -- I INSURER E: Client#: 11515 EARENG1 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS~ TYPE OF INSURANCE POLICY NUMBER POL'PJ ~FE¡fJJVE P?M?Y E~~'óATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY - CLAIMS MADE[] OCCUR EACH OCCURRENCE $ £IRE D~MAGE (Anyone fire $ MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG' $ ---~---- GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT $ (Ea accident) SCHEDULED AUTOS HIRED AUTOS BODIL Y INJURY $ (Per person) BODIL Y INJURY I (Per accident) 1$ PROPERTY DAMAGE i (Per accident) $ NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO AUTO ONLY- EAACCIDENT $ OTHER THAN AUTO ONL Y: EA ACC $ AGG $ EXCESS LIABILITY I - r---¡ OCCUR l~ CLAIMS MADE EACH OCCURRENCE AGGREGATE ,$ 1$ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A OTHER Professional Liability QP03801339 09/16/05 09/16/06 E.L.DISEASE-POLICYLIMI $ $500,000 per claim $500,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Golden Eagle Estates CERTIFICATE HOLDER ADDmONALINSURED'lNSURER LETTER: CANCELLATION SHOU LD ANY OF THE ABOVE DESCRIBEDPOUCIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL30-- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITSAGENTS OR REPRESENTATIVES. AUTHO IZED REPRESENTATIVE MSW @ ACORD CORPORATION 1988 City of Salina, Kansas Attn: Brad Johnson P.O. Box 736 Salina, KS 67402 ACORD 25-S (7197)1 of 1 #S425160/M425159 FROt"1 : FA:< NO. : Ma~. 24 2005 11:53AM Pi ~ D¿"al~ H Neu~ehafel' ~,;:,¡iln:õ let,; 674,)'1 r-,,¡;¡n..: ,BS-ô¿i.,,',bJ ¡'ax; 106-62.7-7441 E"mail: ,h11i11.J(ilche@smfarn,com It. ' J..J j!L) j 0- L..>},\_tl ) To: U., "";;h, "ð /....; AUn: J ")11 . '1,..-, . ~ \ Fax #: J I Q)ëf"tQ.. t lJL..V....1.Jrh.,J Phone#': 3ö Ofl:..l11 /) ..... Date: 50:,] .It - () ¿~-- Time: (f. 41) # of Pages: (Including this page) ~ì From: Re: ~/). , -t " i~¡e<>£C:~9¿¡: F ~ l- CVJ~ L/ }\..'t- , h'L.trD 6 (ì &~ ~ r-v.\.) ;' , CONSIDER US FOR YOUR OTHER INSURANCE NEEDS * Homeownar$ * Ufe * Auto * Business * * Parsonal & Business UmbrellS?~ * QL~ability Income * * Low C9~t Loans * IRA's * FRon : FAX NO. Ma':: . 24 2005 11: 54A~1 P2 .'}'/'I!I..',i,'11;1;:.';:;.'{('I,'I,,:I. ;..¡f'i"jf¡'iiH,,}i¡'«(i,'iJ\"';'I',;ii;:i/h'X'X, '.:i.';)t;.:i,':;',;iy,} ii')!iF!'.~'Ù'¡¡;'i,i(ií:¡.iUi{ili.:'í;!i':Þk\,U:tHliiß!'i!ttjij i¡J,iif,';'i"(il.,;!;j:.iW¡gii'¡i'!j;í.tW,i,,¡,';!i;:;I¡'iiàh/,Jœ Thlt Ie 1~ ccrlllY rw peliei". of i""u'sn". !I.t.~ bolO" hnvo been le"ußIJ to tho Inourad ,.,ntd a!>o".lo. the p<>liOy po,;od InOicHi(:Ü. n<J1WI1tl>lanOln9 M'I 'e~"I,nI'!1Mt, !~I"' or condl~",' at ar,y ",""treet or elM' i óocun1enlwlth (espect iOWI1I~ Inl~ e.rtlilCatð mAy b. i..".~ ".may poilSln. :ha IneUian", allorn.ò by t~~ pollul.' ôo,or",.d 1,"",le ,es,þjo,t.ð a'll~p tOrino, "o"lOlono, Gr,d "ol1dIM~~ .-1 TYPE OF INSU"~NCe pOLICY NUMISEA LIMITS OF I.IAalLlTY CERTIFICATJ: OF LIABILITY INSURANCE Amlill'¡olln FQmily InwrSnCO Company LJ Ame'lean Family Mutual in,lItal10e Company If asloctlon bo~ Is not ohookQd, SODO American Pky Madison, Wi~con"in 537S3-0001 InEl~(Qd'5 Name and "'.dd(Ð'~ Earles Engireerlng & Inspec;t:on 1110 115 W iron Ave Salina., KS 67401 Agent'S Nama, Ar.'Idfes~ and Phone N~mber (Agt!Pist.ì Darer R. Nouschðfer (785) 627-5150 1528 Eo Iron Ave, Salina., KS 67401 (250/660) This ~lIf'Üflc.t" ¡III 188U.d 88 II matter of inform~ion only and oonterA no rights upon ttw Certific8te I1aIder. -mls certitlclltu does ncat am.nd, Jxtllnd èt alter the ~O\f8r.g' .,'orded by tt'lll policIes listed b,low. Bo~lly h':"!)! and p,'>p"rty D."'.~" E;.oéh OcDurrance ~o,jlly InJul\' onn P'o~ortv p""'.!)" Eaon Oacu".nco Homeown"r.:al Mobllet\om.ownora LieblllW Bo.town.,. l-iablJlty Personlll Umbtella I.ìebillty ~ndUv injury ano Propo1y I>I,"'"!)" ~aoh 'jocur..n"" ~arm LIB IIty 8. 1"'00""\ li.bll11j' Eoch Dc< rr n Farm En1¡¡lnyCr'B LlaollltY ~ac. OoCIJrronoo 81<..1°1)1 fa.:ll AOOloonl Farm/Ranon Lillbillty ~~. $ ,000 $ ,000 $ $ ,000 .000 $ ,,00 ****u..**ww $ 500 ,000 50°.,000' 500 ,000 I 2,00 000 2.000 ,000 i 1,000 1,000 000 100 .000 5 000 .000 ,0001 ,000 .1000 , ,000 ,000 1..0°0 ,000 t Tho Indllllouel or partnn," .".wn .. 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WorlciltS Compensatíort .nd r=.mploytlnJ ,-i.blllty t 2/1/2006 2/,/2005 15-X52368-90-00 I General Liability : IXI CammeroÎl\1 General i LIability (QCcLirrenc(>j ::J 0 2/1/2006 2/112005 15-X52368-01-00 e o~ Occurrono. Buslne8lilownors L.iability A¡ gr;¡g;:tGtt Gommon coca. limit IIggreg.to (.,Imrt I-iquot Liability A\rlomoblle l.i8Þilily D Any Aulo 0 All Owned Autos 0 SchedulBd Autos 0 Hired Auto [J Npoowned Autos 0 ~omly lij:Ury . E;lcl, Poraon Bodny Inlur, . ench Actldenl 3/412005 3/4/2006 15-](52386-02-00 F..()~rty D~m"go Doaly ¡nMY and PIOp"rly Damage Combined $ ---.'. IKlle.. l-iablll1y 0 Commer 0 Othor (Mlseell.PADua Coyeraaoa) 411/2006 Eaoh Oo.,""IIC&IA{I~r.~.I' 15-x924B4-0' .00 4/1/200~ AU: WaynIJ N"':!lon 5/24/20:)5 $ $; $ r. .10 $ $ :I; $ $ $ is $ $ $ $ $ 1,000 ,000 ,000 $ 1,000,000 Stock No 06668 R<!!\f. 7102 .~ U.201 !:d. 5/00 CertiTicaf!!ll~older Y,':, :.~,,' Pro essional Service Insurance - Salina The following requirements shall not be construed to limit the liability of the Engineer/Architect or it's insurer(s). The City does not represent that the specified coverages or limits of insurance are sufficient to protect the Engineer's/Architect's interests or liabilities. Required coverages are to be maintained without interruptionfrom the date of the commencement of the work until date offinal payment and termination of any coverage required to be maintained after final payment. For purposes of this document, the term Contractor refers to the project Architect or Engineer. Questions regarding these requirements should be directed to Nancy Schuessler, Risk Management Specialist at (785) 309-5705. Professional Liability - Errors and Omissions The Contractor shall provide Architects or Engineers Professional Liability Insurance with limits not less than $500,000, covering the liability of the Contractor and any and all consultants, agents, independent contractors, etc. which are employed or retained by the Contractor. The insurer must be acceptable to the City of Salina. In the event coverage provided is a claims made coverage, the insurance shall be maintained for a period of not less than three (3) years after completion of the contract or in lieu thereof purchase of tail coverage (extended reporting period) under which the City of Salina shall be afforded protection. Upon review of each project, the Risk Management Department may require higher or lower coverage limits. In lieu of the above coverage, the Contractor may provide the described coverage for his own firm in the above amount and submit proof all his consultants, agents and independent contractors have insurance deemed adequate by the City of Salina. Certificate(s) of Insurance Certificate(s) ofInsurance acceptable to the City shall be filed with the City at the time the contract between the City and the Contractor is executed. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or substantially changed until at least thirty (30) days prior written notice has been given to the City and acknowledged. Note: if the Contractor is subject to worker's compensation law a certificate shall be provided. Notice of Claim The Contractor, upon receipt of notice of any claim in excess of $1 ,000 in connection with this contract shall promptly notify the Risk Management Department, (785) 309-5705, providing full details thereof, including an estimate of the amount of 10'8s or liability. Indemnification Clause The Contractor agrees to indemnify and save harmless the City, its officials, agents, servants, officers, directors and employees from and against all claims, expenses, demands, judgements and causes of action for personal injury or death or damage to property where, and to the extent that, such claims, expenses, demands judgement or causes or action arise from the Contractor's negligent acts. Rev. 1/05 Our Mission is to Build and Maintain a Clean, Safe Community